H. B. 2046
(By Delegates Perry and P. Smith)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-3-10, relating to
to public safety by creating the Kelsey Smith Act; requiring
wireless telecommunications service providers to provide call
locations for emergencies to law-enforcement agencies;
limiting liability; and granting rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-3-10, to read as
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 3. COMMUNICATION SYSTEMS FOR POLICE PURPOSES.
§15-3-10. Disclosure of call location information; emergency
_____(a) Upon request of a law-enforcement agency, a wireless telecommunications carrier shall provide call location information
concerning the telecommunications device of the user to the
requesting law-enforcement agency in order to respond to a call for
emergency services or in an emergency situation that involves the
risk of death or serious physical harm.
_____(b) Notwithstanding any other provision of law to the
contrary, nothing in this section prohibits a wireless
telecommunications carrier from establishing protocols by which the
carrier could voluntarily disclose call location information.
_____(c) No cause of action shall lie in any court against any
wireless telecommunications carrier, its officers, employees,
agents or other specified persons for providing call location
information while acting in good faith and in accordance with the
provisions of this section.
_____(d) (1) All wireless telecommunications carriers registered to
do business in the State of West Virginia or submitting to the
jurisdiction thereof and all resellers of wireless
telecommunications services shall submit their emergency contact
information to the West Virginia State Police in order to
facilitate requests from a law-enforcement agency for call location
information in accordance with this section. This contact
information must be submitted annually by June 15th or immediately
upon any change in contact information.
_____(2) The State Police shall maintain a database containing
emergency contact information for all wireless telecommunications carriers registered to do business in the State of West Virginia
and shall make the information immediately available upon request
to all public safety answer points in the state.
_____(e) The Superintendent of the West Virginia State Police shall
prescribe and promulgate reasonable rules to fulfill the
requirements of this section no later than July 1, 2014.
_____(f) This section shall be known and may be cited as the
"Kelsey Smith Act."
NOTE: The purpose of this section is to require wireless
telecommunications companies to release location information of a
missing person's cell phone in a timely manner to law enforcement
in emergency situations, rather than requiring a judge's order. The
bill limits a company's liability. The bill also grants
This section is new; therefore, it has been completely